Age discrimination in the US Constitution, which was signed on September 17th, 1787 (about 250 years ago – way before the abolition of slavery.)


Section 1 of Article Two of the United States Constitution sets forth the eligibility requirements for serving as president of the United States:

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

The Twelfth Amendment explicitly states the constitutional requirements as provided for the President also apply to being Vice President.

Here we think this is against article 21.2 of the Universal Declaration of Human Rights:

Article 21. 

(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.

(2) Everyone has the right of equal access to public service in his country.

(3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

And also against article 25th of the International Covenant on Human and Political Rights, specially c).

Article 25 

Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions: 

(a) To take part in the conduct of public affairs, directly or through freely chosen representatives; 

(b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors; 

(c) To have access, on general terms of equality, to public service in his country.

Comments issued on article 25th by the Office of the High Commissioner for Human Rights doesn’t seem to  render invalid the claim, because, even accepting the ambiguity of point 4, point 4  highlights the need of “objective and reasonable grounds.”

https://www.equalrightstrust.org/ertdocumentbank/general%20comment%2025.pdf

Might be the case could be denounced before the United Nations Council. 

In fact, the wide range of ages signalled in US age candidacy laws I think is rather against 25th – c) of the International Covenant on Human and Political Rights: “Every citizen shall have the right … to have access, on general terms of equality, to public service in his country.” (And there seems to be a complete absence of “objective and reasonable grounds,” in all those regulations, which arbitrarily determine the age of candidates in each one of the estates).

https://en.wikipedia.org/wiki/Age_of_candidacy_laws_in_the_United_States?wprov=sfti1

To make it easier checking the dates: https://en.wikipedia.org/wiki/Slavery_in_the_United_States?wprov=sfti1

I’m far from being an expert in Constitutions, but I find the text somewhat outdated and wonder if it’s really fully in force: https://constitutionus.com/

 

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